Kennedy v R [2018] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v R [2018] NSWCCA 43 Hearing dates: 14 November 2017 Decision date: 28 March 2018 Before: Meagher JA at [1] Rothman J at [2] Button J at [7] Decision: (1) Leave to appeal granted. (2) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – offences of threatening injury to any person on account of something lawfully done by a person as a judicial officer – offence of conveying false information that a person or property is in danger – asserted error in assessing objective seriousness of offences – asserted failure to take into account appropriately applicant's mental illness – asserted denial of procedural fairness – sentence asserted to be manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 93Q, 326 Crimes (Sentencing Procedure) Act 1999 (NSW), s21A Cases Cited: Cowan v R [2015] NSWCCA 118 Linney v R [2013] NSWCCA 251 R v Engert (1995) 84 A Crim R 67 R v Jaques [2002] NSWCCA 444 R v Linney [2012] NSWSC 1564 Turner v R [2016] NSWCCA 44 Veen (No.2) [1988] HCA 14; (1988) 164 CLR 465 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Category: Principal judgment Parties: Joshua Alexander Kennedy (Applicant) Regina Representation: Counsel I Nash (Applicant) S Dowling SC (Crown)